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6 <br /> Board of Selectmen <br /> Minutes-Executive Session <br /> October 5, 2020 <br /> Present: Selectman John J. Cotton, Selectman Thomas F. O'Hara, Selectman Carol A. Sherman, <br /> Selectman Andrew R. Gottlieb, Selectman David W. Weeden <br /> Town Manager Rodney C. Collins <br /> Assistant Town Manager Wayne E. Taylor <br /> Town Counsel Patrick J. Costello <br /> Attendees: Health Agent Glen E. Harrington <br /> Assistant Health Agent Caitlin Gardipe <br /> Board of Health Chairman Brian Baumgaertel <br /> Board of Health member Ernest Virgilio <br /> Meeting Calledwto Order by Chairman Cotton at 6:28 p.m. <br /> Mashpee Town Hall, Waquoit Meeting Room <br /> CONVENE JOINT MEETING WITH THE BOARD OF HEALTH <br /> Meeting Called to Order by Board of Health Chair Baumgaertel at 6:28 p.m. <br /> Motion made by Mr. Virgilio that the Board go into Executive Session at 6:28 p.m. pursuant to G.L. c. 30A, <br /> §21 (a)(3)to discuss strategy with respect to litigation, specifically,the September 16, 2020 Notice of Intent <br /> To File Suit issued by the Conservation Law Foundation. The Board of Health will not reconvene in Open <br /> Session. Motion seconded by Mr. Baumgaertel. <br /> VOTE: Unanimous. 2-0. <br /> Roll Call Vote: Mr. Baumgaertel, yes Mr. Virgilio, yes Opposed, none <br /> EXECUTIVE SESSION <br /> _w . .,..i.�n ion Notice mof Intent to <br /> Discussion G L tc 30At21 3 LtigationmConservation LmawmFoundation <br /> Initiate Suit „ <br /> The Town Managers and members of the Board of Selectmen met with the Board of Health for the purpose <br /> of reviewing communication received on September 16, 2020 from the Conservation Law Foundation <br /> regarding the Notice of Violation and Intent to File Suit Under the Massachusetts Environmental Code <br /> and General Laws of the Commonwealth. <br /> Town Counsel Patrick J. Costello facilitated the discussion regarding the communication as received. <br /> Upon review and discussion of this matter it was agreed the Town Manager acting on behalf of the Board of <br /> Selectmen through Town Counsel would further discuss the intent of this matter and effective remedies to <br /> avoid potential litigation. <br /> Motion made by Selectman Sherman to request the Town Manager and Town Counsel after <br /> appropriate consultation with the Board of Health and Assistant Health Agent with the discretion <br /> to use Town professional staff as required move forward through Town Counsel to bring forth <br /> constructive dialogue with the Conservation Law Foundation on this matter. <br /> Motion seconded by Selectman Gottlieb. <br /> VOTE: Unanimous. 5-0. <br /> Roll Call Vote: <br /> Selectman Cotton, yes Selectman O'Hara,yes Selectman Sherman,yes <br /> Selectman Gottlieb,yes Selectman Weeden, yes Opposed, none <br /> Motion made by Mr. Virgilio to adjourn at 7:11 p.m. Motion seconded by Mr. Baumgaertel. VOTE: 2-0. <br />